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FIRST HEALTHCARE CORP. v. N.L.R.B.

Nos. 01-2478, 01-2673.

344 F.3d 523 (2003)

FIRST HEALTHCARE CORPORATION, d/b/a Hillhaven Bakersfield, d/b/a Hillhaven Highland House, d/b/a Healthcare Corporation in the State of California, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, Service Employees International Union, Local 399, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 19, 2003.

Petition for Rehearing Denied: December 2, 2003.

Attorney(s) appearing for the Case

John V. Nordlund (argued and briefed), Fairfax, California, Leslie M. Mitchell (briefed), Law Office of Leslie Mitchell, Sacramento, California, for Petitioner.

Jill Griffin (argued and briefed), Aileen A. Armstrong (briefed), Frederick C. Havard (briefed), National Labor Relations Board, Office of the General Counsel, Washington, DC, for Respondent.

Andrew L. Strom (argued and briefed), Seiu Local 32BJ, Legal Department, New York, New York, Craig Becker (briefed), Chicago, Illinois, for Intervenor.

Before CLAY and GIBBONS, Circuit Judges; DUGGAN, District Judge.

Petition for Rehearing Denied En Banc: December 2, 2003.

Pursuant to Sixth Circuit Rule 206

CLAY, J., delivered the opinion of the court, in which DUGGAN, D.J., joined. GIBBONS, J. (pp. 545-550), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

In Case No. 01-2478, Petitioner, First Healthcare Corporation, d/b/a Healthcare Corporation in the State of California, d/b/a Hillhaven Highland House, d/b/a Hillhaven...

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